The US Supreme Court held that CERCLA does not preempt state law restoration claims by landowners who are potentially responsible parties, but clarifies that the Environmental Protection Agency must approve landowners’...more
The decision could make it easier to recover from the government for CERCLA response costs at former defense production facilities and shift leverage in settlement discussions....more
A unanimous panel held that Asarco’s settlement in bankruptcy for its “share of response costs” did not preclude it from later bringing a CERCLA contribution claim....more
Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals.
On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more
8/1/2016
/ Air Pollution ,
Appeals ,
Arranger Liability ,
CERCLA ,
Contaminated Properties ,
Discharge of Pollutants ,
Hazardous Substances ,
Mineral Extraction ,
RCRA ,
Soil ,
Tribal Lands ,
Water Pollution